Agenda item

To reconsider the appointment of the chair and vice-chair of the housing scrutiny commission.

The committee considered the report on scrutiny arrangements for 2026-27 and the reconsideration of the appointment of Chair and Vice-Chair of the Housing Scrutiny Commission following changes to the Housing Scrutiny Commission membership.

Members  discussed:

·  the interpretation of Overview and Scrutiny Procedure Rule 2.2, whether scrutiny commission chairs should sit on Overview and Scrutiny Committee

·  the purpose of linking scrutiny commissions to Overview and Scrutiny Committee, whether legal advice had been taken and shared

·  the role of the monitoring officer, proportionality, whether the matter should be deferred

·  whether written advice and background materials should be circulated.

The following motion was moved by Councillor Victoria Mills and seconded by Councillor Stephanie Cryan.

“We note that the report of the head of Scrutiny and the subsequent correspondence between members and officers regarding the interpretation of overview and scrutiny procedure rule 2.2. Noting that officers have confirmed the current drafting of the Constitution requires clarification
and that proposed amendments will be brought forward to Constitutional Steering Panel in due course. Noting that appointments made on the 28th of May 2026 were conducted on the basis of the interpretation then applied by officers and members, namely that Scrutiny Commission chairs should be drawn from the membership of Overview and Scrutiny Commission.

Furthermore, members have raised concerns regarding the constitutional basis for departing from the interpretation applied on the 28th of May, the intended purpose and constitutional history of procedure rule 2.2, the absence of any published constitutional analysis supporting the revised
interpretation, the absence of the material underpinning the review referred to in paragraph 6 of the report, considers that it would be inappropriate to alter the basis on which Scrutiny Commission appointments were made on the 28th of May before the Constitutional Steering Panel has considered the constitutional position.

Any necessary constitutional amendments have been considered by Council Assembly and members have been provided with information and documentation requested in relation to the review, which led to the revised interpretation. Requests that officers circulate to all members of the committee, any written, legal, constitutional or governance advice obtained in relation to the review.

Any officer briefing notes, reports, memoranda, or background papers prepared as part of that review. Any Constitutional analysis relied upon in the relied interpretation, revised interpretation. The reports, minutes, and subsequent, sorry, supporting documentation associated with the introduction of Procedure Rule 2.2 and any other material relied upon by officers, including that the Scrutiny Commission chairs need not be members of the Overview and Scrutiny Committee.

That pending consideration of the matter by the Constitutional Theory Panel and any consequential constitutional amendments, the committee will continue to apply the interpretation made, which the appointment of the 28th of May was made, namely that Scrutiny Commission chairs should be drawn from the membership of Overview and Scrutiny Commission, and accordingly declines to approve the recommendations contained within the report and request that a further report be submitted following completion of the actions set out above.”

The motion was put to the vote and declared lost.  In accordance with committee procedure rule 1.9 (4), Councillors Victoria Mills, Councillor Stephanie Cryan, Councillor Sarah King, Councillor Bill Williams and Councillor Evelyn Akoto requested that their vote in favour of the motion be recorded in the minutes.

The committee then moved to nominations for Chair of the Housing Scrutiny Commission.

The committee already had a nomination for Councillor Hellen Benavides prior to the meeting.

Councillor Stephanie Cryan was nominated by Councillor Victoria Mills and seconded by Councillor Bill Williams.

The committee then voted on the nominations for Chair.

It was agreed by way of majority votes that Councillor Benavides be appointed Chair of the Housing Scrutiny Commission.

The committee then moved to nominations for Vice-Chair of the Housing Scrutiny Commission. The committee already had a  nomination for Councillor Pascale Mitchell prior to the meeting.

Councillor Stephanie Cryan was nominated by Councillor Victoria Mills and seconded by Councillor Sarah King.

The committee then voted on the nominations for Vice-Chair.

It was agreed by way of majority votes that Councillor Pascale Mitchell be appointed Vice-Chair of the Housing Scrutiny Commission.

RESOLVED:

That Councillors Hellen Benavides and Pascale Mitchell be appointed chair and vice-chair of the Housing Scrutiny Commission respectively.

The committee considered the late item 7A, Scrutiny Arrangements for 2026-27 - renaming of the Health and Community Safety Scrutiny Commission.

Councillor Dean Peters introduced the item and explained that the commission also included adult social care. He proposed that the commission should be renamed Health, Adult Social Care and Community Safety Scrutiny Commission to reflect the importance of adult social care.

The committee agreed to rename the Health and Community Safety Scrutiny Commission as the Health, Adult Social Care and Community Safety Scrutiny Commission.

The Chair invited members to raise whether any other commission names required amendment. No other amendments were proposed.

RESOLVED:

That the Health and Community Safety Scrutiny Commission be renamed to the Health, Adult Social Care and Community Safety Scrutiny Commission.